What to do if maintenance amount is more than your income/salary

Question: I work as a XYZ (low paying job), and my income is only __________ (a rather low amount). But the judge has ordered an amount of Rs ___________, an amount much more than my income. What should I do?

That reminds me of a story/joke of a man who has taken a loan – he being worried that he will be unable to pay the next instalment on time. He gets sage advice from a clergy, “if you can’t pay the money, it should be their problem more than yours, so let them worry about it!”

Of course such problems can’t always be laughed away. But to an extent a bit of above attitude is a must in such circumstances.

E.g. we know from newspaper stories, and I know one personally, about men who have written to their states’ High Court to grant permission to sell their kidney to be able to pay maintenance. To my knowledge, no such permission has been granted by any High Court in India to any such applicant.

You can’t take life and health of one person to grant life and health to another — the wife being maintained in these cases. Why can’t the same logic which is applied to man be applied to woman? That she is healthy in body and mind, and surely she can find some work if she wants to.

Now I am assuming that the people who are asking such questions are saying the truth. I mean if someone says that his income is only 10,000 per month but he goes to a private club, then he should handle his maintenance issues himself and not bother MRAs.

Doing the best I can

“Your honour, I have Rs 2000 (or whatever amount) left after spending on my parents, my own food/commute, loan/EMI etc; so I am here to pay that much amount from my monthly maintenance. I am doing the best I can.”

It can only be done and experienced. No one else, not even any advocate can advise on these things. Do you need advocate’s advice on how to run your expenses?

I know of one person who has done it and done it successfully. He never got arrested or thrown in jail, though FLW (fine levy warrant) was issued and even police came once to his house to produce him in court. So?

The CrPC 125 law may say 1 month jail for every 1 month of non-payment of maintenance, but practically speaking it has not been used much by judges. And of course if you are paying something out of total amount, then it can’t be said that you are totally not in compliance. I don’t want to go into specific clauses of the law, that can be left to lawyers. I can only say from practical experience of what I have seen in courts.

Pray the judge that if you are thrown in jail, how will you be able to pay even the partial amount? But be ready to go to jail in that case, too. Like you mean it.

People who write to HC to sell kidney don’t really want to live with only one kidney. But sometimes doing a drama is the only way to ‘reason’ with the System.

In US, people are put in jail for not paying child support (that’s what goes for maintenance over there). It is not common in India.

Asking someone to give more than they earn is not part of a democratic setup, it is tyranny and against the constitution. It can be argued that it is against the right to life and liberty guaranteed under Article 21 of the Indian constitution.

The rest is up to the individual. If the System wants to play with you, then becoming a player is the only option.

Comments

I once saw this played out in a Court in Delhi. Many many many years before I was married or ever imagined I’d be standing in the dock as accused one day. I’m a lawyer and before anyone berates me, I practices purely in commercial laws and despised matrimonial laws even as a lawyer.

So, I was once waiting in a Court for my Client’s case and a maintenance case was going on. A rickshaw puller had been produced from Judicial custody where he was because of non-payment of the maintenance. He pleaded with the (lady) Judge that he was a daily wager rickshaw puller and unless he was set at liberty, how could be earn and pay maintenance? The Judge appeared convinced and tried to be reasonable with the wife who was present in the Court. The Judge advised the wife no to insist on jail and let the man o free, earn and pay her maintenance. As much as the poor Judge tried, the wife remained adamant and put her foot down, that she’d rather have the husband sent to jail again. And he was, the Judge quite helpless.

It’s more to do with laziness, not just in judiciary but almost everything in India, since there is no culture of rewarding and recognizing performance. If the judge comes up with innovative or bold decision, what will he/she get? Probably nothing, or get overloaded with more work. But if they keep giving ‘traditional’ orders which reflect more of societal and individual biases (I have many anecdotes both personal and from others which I will post one day), then this helplessness is more of a learned helplessness and an excuse.

First time i had filed a case against my partner under divorce act of conjugunal rights. And the matter came under comproise mode with both the parties.and case stands disposed in current condition. But my partner is not ready to come and adjoin me more over only i am have tried to communicate via registered letter and cell phone.partner demand is to get my job transfered to other state which is not possible since its indian railway. Why question is what shall i do.. either to file contemp of court or divorce petition

>>what shall i do.. either to file contemp of court or divorce petition

First read what is conjugal rights under divorce act. It’s not about forcing either husband or wife to stay with the other spouse if the other spouse is not willing. There is no law to bring wife/husband back.